Minimal Licence Suspension for Driving Whilst Disqualified

Driving Whilst DisqualifiedThis is a case of Driving Whilst Disqualified resulting in a minimal licence suspension.

Police intercepted our client after a scan of his number plates indicated that they did not belong to the vehicle he was driving. They soon discovered that not only did he have the wrong plates on the car, but that the car was unregistered and his license had been disqualified due to excessive demerit points. He told police that he had no idea his license was disqualified or that his vehicle was unregistered and that he must have got the plates mixed up.

Unfortunately one week later, our client was pulled over driving the same car, this time with another different set number plates affixed. His license was still disqualified and the car was still unregistered. He panicked and lied to the police, saying that he didn’t know his license was disqualified or that his vehicle was unregistered, or why the car had different number plates. He was eventually charged with:

Sophie Stafford acted on the client’s behalf at the Broadmeadows Magistrates’ Court.

The client pleaded guilty to six charges: two charges of Driving Whilst Disqualified, two charges of Driving an Unregistered Vehicle, and two charges of Displaying False Number Plates. He had priors for excessive speeding offences where his license had been suspended, and also for drug driving for which he received 3 months off the road.

Our client was a tradesman and needed his license for work. He feared that he was looking at a substantial period of time off the road, and that this would mean that he would not be able to continue working, support his family financially, or get his children to and from child care.

We helped his partner prepare a character reference, outlining the impact that a license loss would have not only on him, but on her and the children. His work also provided a reference outlining his excellent work ethic and the fact that a license loss would impact upon his ability to complete his duties.

Submissions were made to highlight his early plea of guilty, his remorse, and full acceptance of responsibility and lack of any relevant priors.

Despite the highly aggravating set of circumstances before the court, the Magistrate was persuaded to impose an aggregate fine on all charges of $2,500. He also received a minimal licence suspension for Driving Whilst Disqualified (1 month). This was an excellent result given the fact that our client was facing two charges of Driving Disqualified and had previously received longer periods of suspension for lesser offences. It meant that he was able to make alternative arrangements to cover the short 1-month period, and was able to continue in his employment. No conviction was recorded against the client and he was given the option to arrange a payment plan for the fine.

 


Sophie StaffordSophie Stafford

Sophie is based at our Melbourne office. She was admitted to legal practice in 2014 and graduated with First Class Honours from La Trobe University. Sophie is currently a member of the Law Institute of Victoria’s Criminal Law Section General Committee and the Young Lawyers Law Reform Committee.

Sophie's attention to detail plays a big part in obtaining successful results for clients. She handles both summary and indictable charges at Melbourne and suburban courts.

Know more about Sophie's expertise by checking out her profile page here.

DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 26/06/2017